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MRC INNOVATIONS, INC. v. HUNTER MFG., LLP

No. 2013-1433.

747 F.3d 1326 (2014)

MRC INNOVATIONS, INC., Plaintiff-Appellant, v. HUNTER MFG., LLP, Defendant-Appellee, and CDI International, Inc., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 2, 2014.

Attorney(s) appearing for the Case

Randolph E. Digges, III , of Rankin, Hill & Clark LLP, of North Olmsted, OH, argued for plaintiff-appellant. With him on the brief were Robert A. Sidoti. Of counsel was Jonathan A. Withrow.

Perry J. Saidman , Saidman DesignLaw Group, LLC, of Silver Spring, MD, argued for defendants-appellees. With him on the brief were Andrew D. Dorisio and Trevor T. Graves , King & Schickli, PLLC, of Lexington, KY, and Edward D. Manzo and Mark J. Murphy , Husch Blackwell LLP, of Chicago, IL.

Before RADER, Chief Judge, PROST and CHEN, Circuit Judges.

PROST, Circuit Judge.

MRC Innovations, Inc. appeals from a final judgment of the U.S. District Court for the Northern District of Ohio granting summary judgment of invalidity with respect to U.S. Design Patent Nos. D634,488 S ("'488 patent") and D634,487 S ("'487 patent"). For the reasons stated below, we affirm.

BACKGROUND

MRC is the owner by assignment of both patents-in-suit. The '488 patent claims an ornamental design for a football jersey for...

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